To improve schools, look at tenure

Beatriz Vergara, 15, said she had one teacher at her school in Pacoima, Calif., who fell asleep during class. Another of her teachers told Latino students they'd end up cleaning houses for a living. Brandon Debose Jr. said his 10th-grade geometry teacher in Oakland spent 10 minutes of class taking roll, didn't explain the work and expected students to learn math on their own.

Rather than just complain, the students did something about it. Backed by an advocacy group and top lawyers, they sued the California school system and testified about this ineptitude. And last week, against all odds, they won.

A Los Angeles judge struck down state laws that make tenure far too easy to get, seniority a singular shield against layoffs and incompetent teachers almost impossible to fire.

The system - which leaves grossly ineffective teachers in classrooms, often in low-income and minority communities - robs children of the opportunity for an equal education, Judge Rolf Treu ruled.

The ruling affects only California, and it will be appealed. (The state of California, one of the defendants, argued that most of the teachers the students identified as bad were in fact "excellent.") But the case could spark improvements in education nationwide by exposing how ludicrously difficult it is in places such as California to fire bad teachers:

? An average of 2.2 teachers a year are dismissed for unsatisfactory performance in a state where 275,000 teachers work, a plaintiffs' expert testified during the trial. A California teacher has a better chance of being struck by lightning than being fired for incompetence.

? A dismissal proceeding can cost hundreds of thousands of dollars. The process is so cumbersome and expensive that few districts attempt it. Bad teachers, unwanted by principals, are bounced from school to school, often in impoverished neighborhoods, in what educators call "the dance of the lemons."

? Los Angeles schools are saddled with an estimated 350 ineffective teachers - the number who have received two "below standard" evaluations, an L.A. school district official testified. If the district could, the official said, it would dismiss those teachers right away.

? A teacher in California can gain what amounts to lifetime job protection in less than two years - the deadline for deciding whether to give tenure to new, probationary teachers. When layoffs occur, the newest teachers are the first to go, even if they are top performers. Seniority rules.

Ideally, parents and children wouldn't need to file lawsuits over teacher work rules, and judges wouldn't need to be involved. The great majority of teachers are dedicated and perform well. They don't want to work with inept colleagues or see top performers laid off. They want to see children get the most out of school.

A handful of states - Colorado, Florida, Indiana and Oklahoma - have altered irrational teacher-protection laws. But lawmakers in California and elsewhere, cowed by powerful unions, have refused to make major changes.

U.S. Education Secretary Arne Duncan wrote that the California ruling could spark years of legal warfare across the country, or it could inspire litigation-reducing changes that respect teachers and students alike. The latter path is preferable, and much faster.

USA TODAY's editorial opinions are decided by its Editorial Board, separate from the news staff.

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To improve schools, look at tenure

Beatriz Vergara, 15, said she had one teacher at her school in Pacoima, Calif., who fell asleep during class. Another of her teachers told Latino students they'd end up cleaning houses for a living.